Bonum Certa Men Certa

China Drowns in Worthless Patents, the United States (FTC) Bemoans Patent Trolls, and Australia is Urged by Its Commission to Decommission Software Patents

The patent gold rush may be reaching its end, except in China, the land of rare metal

Gold
Too much of anything devalues the whole



Summary: A roundup of news from three continents, where patent dynamics move in similar/parallel and sometimes opposite directions (EPO and SIPO getting worse, whereas Australia and North America recognise the need for reform)

WE TYPICALLY focus on the EPO and the USPTO because they are English-speaking and thus easier to follow, but in the far east we gradually learn about a trolling epidemic and a plague of low-quality patents.



Hugo Barra made some headlines a few years back (we wrote about it) when he went to China to (later on) focus on patents at Xiaomi. Well, he is now fleeing from China, which is rapidly becoming a patent cesspool full of patent trolls, boosted by low patent quality or armed by a wealth of patents that should never have been granted. IAM, a trolls' apologist, spins this departure ("IP strategy set to play an even bigger role in Xiaomi’s global expansion plans") instead of focusing on the news, which is Barra quiting his job. This was covered in various news sites a few days ago and IAM put it like this: "Xiaomi’s vice president of global operations, Hugo Barra, will leave the company after the Chinese New Year festival later this month. Wang Xiang – senior vice president for strategic cooperation and the man that oversees Xiaomi’s IP function – will step into his shoes."

Barra was previously mentioned here in relation to his pursuit of patents. Well, with over a million patent applications in just one year (at SIPO) no doubt the value of pertinent patents has eroded; they're colossally devalued and depreciated. Barra is wise enough to see that. Recall what Microsoft did to Xiaomi last year. Xiaomi needed to pay a patent troll like Microsoft, essentially paying Microsoft for devices that don't have anything of Microsoft in them (Android).

In another piece of spin from IAM (also published today) we saw this promotion of patent maximalism in the US. The Trade Commission is not a fan of the patent microcosm; in fact, it slammed patent trolls only a few months ago, in a long-awaited report about PAEs. After trashing this FTC study about patent trolls (we mentioned this at the time) IAM is now latching onto one single person at the FTC to advance the trolls' agenda. What on Earth would ever compel people to treat IAM as a news site? The site is literally being paid by patent trolls. It's agenda wrapped up or dressed up as "news".

In the mean time, the Productivity Commission of Australia finishes and releases the final report, which was also long-awaited and it slams software patents, as is made evident by Lexology today (analysis by Ben Hayes of FB Rice). To quote the key parts:

The Productivity Commission published its final report on Australia's Intellectual Property (IP) Arrangements in the week prior to Christmas.

The Commission was tasked with analysing the efficacy of Australia's intellectual property arrangements. In particular, the Commission investigated whether current arrangements provide an appropriate balance between

- access to ideas and products, and - encouraging innovation, investment and the production of creative works.

The Commission began looking at these issues in 2015, and this final report represents the culmination of 12 months' work.

[...]

Scrutinise software patents going forward

Significantly, the Commission has retreated from its earlier anti-software patent stance. The Commission does not explicitly acknowledge that software patents have positive social value but accepts that software patents are in fact suitable for some types of innovation (with particular reference to Qualcomm's submissions) and that software patents should be closely scrutinised going forward. We consider that there remains great value in software patents when used to protect quality inventions. We believe the existence of the patent system incentivises significant investment into research and development in information and communication technologies in Australia.

A particularly notable recommendation was for IP Australia to collect and publish information on patent applications that are accepted or rejected on the manner of manufacture test. This would include information on how the decisions in Research Affiliates and RPL Central have affected IP Australia's consideration and patentability of software inventions. We consider that such information would be beneficial to both patent owners and practitioners who have been grappling with inconsistent applications of the law by examiners (as referred to earlier).


Being an analysis from the patent microcosm, it's expected that a lot of attention will be placed on think tanks or front groups. IP Australia has become a major inconvenience for them.

The growing/strengthening bond between Battistelli and China (not just on human rights but also patent quality) is truly a cause for concern here. Australia and North America are moving ahead, whereas Europe imitates the imitators.

Recent Techrights' Posts

Web Developers in the US Can Already Disregard Mozilla, Firefox, and Firefox Users
"Last month, Firefox turned 21"
 
Upgrading the Site
Debugging might be needed, so feedback helps
Why Microsoft is Panicking
Keep advocating (or "marketing") GNU/Linux to Vista 10 (or Vista 7) users... there are still over a billion of them "out there".
The Fate of "Blockchains" and "Metaverse" as a Sign of Things to Come for Slop ("AI")
Doesn't that tell us a lot about the modus operandi of these companies?
A Year After the Owner of X (Twitter) Performed Several Nazi Salutes on Stage the Germany-Based and Microsoft-Funded 'FSFE' Decides to Exit X (Twitter)
Will the real Free Software Foundation (FSF) follow suit?
EPO: What Comes Next
European media seems to have been sedated by soft bribes from cocaine addicts
Slopwatch: The Volume of Slop Has Certainly Gone Down a Lot Lately, Slop Image Providers Abandoned/Changed
It's a big improvement compared to past months
Thousands Laid Off at IBM, "Last Day" Yesterday
IBM is a dying company. This is a problem for Red Hat.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 04, 2025
IRC logs for Thursday, December 04, 2025
Gemini Links 05/12/2025: Espressif ESP32-C5 UEXT Module, Pixelfed, and the Web Getting Much Worse
Links for the day
Links 04/12/2025: "People Hooked on [Slop] Far Are More Likely to Experience Mental Distress", Monopolies in Europe, and "Blogging Makes Me Feel Like A Worse Writer"
Links for the day
Dr. Andy Farnell: Can we regain control (of technology)?
"Technology as spiralling mass hysteria has the unsettling potential to draw even rational sceptics like myself into disaffection"
Links 04/12/2025: "Hey Hi" Implosion and Half of Europeans See Cheeto Trump as Enemy of Europe
Links for the day
Communication Needs Open Standards and Open Data
Standards are imperative
The "Hey Hi" House of Cards
The "Hey Hi" bubble is living on borrowed time (days or weeks) and it can implode any time now
Supporting the Free Software Foundation (FSF) Also Supports GNU Development
The FSF is mostly raising money to pay salaries
IBM's "AK Sez" Campaign
In today's media, to be characterised as important and smart one needn't be important and smart
Microsoft's Vista 11 Not Gaining, Just Plateauing or Even Going Down (Over Time)
"Desktop Windows version Market Share Worldwide"
Bubbles Popping, "Hey Hi" (AI) a Passing Fad
"Microsoft slides amid report it's cutting software sales quotas tied to AI"
At The Register MS, "Exclusive Webinar" Means Sponsored Video Ad Disguised as an Article
Why would one choose to watch these?
IBM Forces Staff to Sign an NDA If They Want Severance Package, in Effect Bribing Them or Denying Them Money They're Entitled to If They 'Disparage' IBM
We wrote about the legality or illegality of this in relation to Microsoft two years ago
IBM and Red Hat Not Done With 2025 Layoffs ("RAs") Yet
IBM isn't quite done laying off people this year, with only 3 weeks till Christmas
Gemini Links 04/12/2025: Christmas Looms, Devuan, and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 03, 2025
IRC logs for Wednesday, December 03, 2025
Loads of People Exit IBM Tomorrow
Way to slam the door on on those who march or walk on
Slopwatch: It's Blowing, Jim (Gym), the Bubble is Blowing Up
Let's race to "zero GPT"
At IBM, "Last Day" Can be Same as Layoffs ("RAs"), Might be Euphemism Advanced by PR/HR Under NDA-Tied Conditions
They try to act all happy cheerful (in public) about becoming unemployed
Links 03/12/2025: "Disastrous Hey Hi (AI)", Breaches of Confidentiality, and "Global Democratic Recession"
Links for the day
Fake Security and 'Free' Certificates as a Trap of Planned Obsolescence and Top-Down Centralisation
The boiling frogs
Links 03/12/2025: UK Budget Leak and Criticism of Peace Posturing Over Ukraine
Links for the day
So Far Rust in Ubuntu Has Turned Out to be an Expensive Mistake
it is certainly seeming or feeling like the wrong people are in charge and they make bad decisions based on false reasoning
Gemini Links 03/12/2025: Obsession, Ubuntu, and Programming With Scheme
Links for the day
The Next Stages of EPO Coverage (and Why That Matters)
What's at stake here?
Wayland Rejection Is Not Racist
We need to collectively reject that
Reflections on a Month of Techrights Search
it looks like we've survived nearly a month without the search functionality being leveraged to stage DDoS attacks
New Year's Resolutions 4 Weeks Ahead of 2026
the main New Year's Resolution was... sleep
IBM Layoffs: It's Like They Read From a Script, Like They've Signed a Non-Disparagement Agreement/Clause
Some new departures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 02, 2025
IRC logs for Tuesday, December 02, 2025